- 1 - NC: 2025:KHC-K:2183 CRL.P No. 201274 of 2024 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE K NATARAJAN CRIMINAL PETITION NO.201274 OF 2024 [482(Cr.PC)/528(BNSS)] BETWEEN: 1. VIMALABAI W/O BHIMSEN REDDY HOSURKAR, AGE: 70 YEARS, OCC: HOUSEWIFE, R/O GIRI LAYOUT, JEVARGI ROAD, KALABURAGI-585102. 2. BHIMSEN S/O BASAVANTH REDDY HOSURKAR, AGE: 75 YEARS, OCC: RETD., GOVT. SERVANT, R/O GIRI LAYOUT, JEVARGI ROAD, KALABURAGI-585102. 3. RAHUL S/O GURURAJ REDDY HOSURKAR, AGE: 19 YEARS, OCC: STUDENT, R/O GIRI LAYOUT, JEVARGI ROAD, KALABURAGI-585102. 4. RESHMABAI W/O GURURAJ REDDY HOSURKAR, AGE: 40 YEARS, OCC: HOUSEHOLD, R/O GIRI LAYOUT, JEVARGI ROAD, KALABURAGI-585102. 5. HEMABAI W/O RAJSHEKHAR RATNAPURKAR, Digitally signed by NIJAMUDDIN JAMKHANDI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2183 CRL.P No. 201274 of 2024 AGE: 42 YEARS, OCC: HOUSEHOLD, R/O GIRI LAYOUT, JEVARGI ROAD, KALABURAGI-585102. 6. RAGHAVENDRA S/O GURURAJ HOSURKAR, AGE: 21 YEARS, OCC: STUDENT, R/O GIRI LAYOUT, JEVARGI ROAD, KALABURAGI-585102. 7. GURURAJ S/O BHIMSEN REDDY HOSURKAR, AGE: 48 YEARS, OCC: GOVT. SERVANT, R/O GIRI LAYOUT, JEVARGI ROAD, KALABURAGI-585102. 8. GIRISH S/O DATTATREYA REDDY HOSURKAR, AGE: 35 YEARS, OCC: PRIVATE SERVICE, R/O SAIRAM NAGAR, KALABURAGI-585102. 9. VAIBHAV S/O GOPAL REDDY HOSURKAR, AGE: 30 YEARS, OCC: PRIVATE SERVICE, R/O SAIRAM NAGAR, KALABURAGI-585102. 10. MAHESH S/O NARAYANRAO REDDY HOSURKAR, AGE: 45 YEARS, OCC: EX. MAYOR, CITY MUNICIPAL CORPORATION, KALABURAGI, R/O SAIRAM NAGAR, KALABURAGI-585102. …PETITIONERS (BY SRI SANTOSH PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH UNIVERSITY POLICE STATION, - 3 - NC: 2025:KHC-K:2183 CRL.P No. 201274 of 2024 KALABURAGI-585105 REPRESENTED BY ADDL. SPP, HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585107. 2. GEETA @ LAXMI W/O DINESH REDDY, AGE: 27 YEARS, OCC: HOUSEHOLD, R/O BHAGYAVANTHI NAGAR, BEHIND V L KALYAN MANTAP, KALABURAGI, NOW RESIDING AT JALALNAGAR, GUNJ ROAD, RAICHUR-584101. …RESPONDENTS (BY SRI SIDDALING P. PATIL, ADDL. SPP FOR R-1; SRI SACHIN M. MAHAJAN, ADVOCATE FOR R-2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (OLD), UNDER SECTION 528 OF BNSS, 2023 (NEW), PRAYING TO QUASH THE REGISTRATION OF CHARGE SHEET IN CC NO.11015/2023 (CRIME NO.93/2023) REGISTERED BY THE UNIVERSITY POLICE STATION, KALABURAGI / 1ST RESPONDENT POLICE HEREIN FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 148, 498(A), 504, 324, 323, 354(B), 506, READ WITH SEC. 149 OF IPC AND UNDER SEC. 3 AND 4 OF DP ACT, AND CONSEQUENTLY QUASH ALL FURTHER PROCEEDINGS PENDING ON THE FILE OF III ADDL. CIVIL JUDGE, JMFC KALABURAGI. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K NATARAJAN - 4 - NC: 2025:KHC-K:2183 CRL.P No. 201274 of 2024 ORAL ORDER (PER: HON'BLE MR. JUSTICE K NATARAJAN) This petition is filed by the petitioners/accused Nos.1 to 10 under Section 528 of BNSS, 2023, for quashing the criminal proceedings in C.C.No.11015/2023 arising out of Crime No.93/2023 registered by University Police, Kalaburagi and charge sheeted for the offences punishable under Sections 143, 147, 148, 498(A), 504, 324, 323, 354(B), 506 read with Section 149 of IPC and Sections 3 and 4 of the Dowry Prohibition Act. 2. Heard the arguments of learned counsel for the petitioners, learned Additional State Public Prosecutor for respondent No.1/State and learned counsel appearing for respondent No.2. 3. The case of the prosecution is that the complainant CW-1 - Geeta who is the daughter-in-law of petitioner Nos.1 and 2, filed first information on 12.05.2023 alleging that she was given to marriage to the son of petitioner Nos.1 and 2 i.e., CW-4 – Dinesh Reddy - 5 - NC: 2025:KHC-K:2183 CRL.P No. 201274 of 2024 and it was second marriage of CW-4. It is further alleged that accused Nos.1 and 2 who are the parents of CW-4 and accused Nos.4 and 5 who are the sisters of CW-4 have demanded and accepted dowry of Rs.50,000/- cash and 9 tolas of gold at the time of marriage without the knowledge of the complainant and her husband. Subsequently, they went on insisting further money. For the purpose of constructing house, they demanded Rs.10,000/- and continuously harassed her and also insisted CW-4 to leave CW-1 and go for the second marriage. Even a child was born out of the marriage between CW-1 and CW-4. The accused persons said to have told that the child was born to somebody else and asked CW-4 to leave his wife and they are going to perform another marriage to CW-4. Due to the said harassment in the family, CW-1 and CW-4 started residing separately in another house away from the house of the parents. When CW-4 used to go to his parents house to see his elder son born out of the first marriage (first wife said to be died), accused Nos.1 and 2 used to quarrel with - 6 - NC: 2025:KHC-K:2183 CRL.P No. 201274 of 2024 him and they always pestered him to leave his wife and come back. Therefore, they asked to settle the matter and called for panchayat on 09.05.2023 at 12.50 p.m. When the parents of CW-1 and others i.e., CW-5, 6 and 7 had came to the house of accused Nos.1 and 2 for the purpose of panchayat, accused No.1 stated to have called accused Nos.3 to 10 to the home and after coming to the home they started assaulting CWs-1, 5, 6 and 7. Accused No.10 is said to have stated to finish CW-1 and others and he will take care and get them out of the trouble within 24 hours. He is said to have instigated other accused to finish CW-1. Therefore, the CW-1 intimated to the police by emergency call and the police said to have come to the spot and the accused persons said to have ran away. Hence, the police filed FIR and subsequently filed charge sheet which is challenged under this petition. 4. Learned counsel for the petitioners has contended that the petitioner Nos.1 and 2 are aged persons. Other family members were falsely implicated. - 7 - NC: 2025:KHC-K:2183 CRL.P No. 201274 of 2024 They have not at all participated in the commission of offence. Accused No.10 – Mahesh i.e., the Ex-Mayor of the City Corporation, Kalaburagi who came only for panchayat but his name has been falsely implicated and there is no specific allegation against any of the accused. Hence, he prayed for quashing the proceedings against the petitioners. 5. Per contra, learned Addl. SPP objected the petition contending that the very son of petitioner Nos.1 and 2 gives statement against their own parents about the assault and continued harassment on his wife CW-1 and also demand and acceptance of dowry. There is prima facie material against accused Nos.1, 2, 4 and 5 and also accused No.10 who is said to have instigated other accused to finish CW-1 which clearly attracts Section 114 of IPC along with Section 323 of IPC. Therefore, the proceedings against them cannot be quashed. Hence, prayed for dismissal of the petition. - 8 - NC: 2025:KHC-K:2183 CRL.P No. 201274 of 2024 6. Having heard the arguments and perused the records. On careful perusal of the records it is clear that the relationship between CW-1 who is daughter-in-law of petitioner Nos.1 and 2 is not in dispute. CW-4 is the son of petitioner Nos.1 and 2 namely Dinesh Reddy who is husband of CW-1 complainant. CW-4 said to have stated that CW-4 is his second wife and they are having a son. At the time of marriage the parents i.e., accused Nos.1 and 2 and his sisters accused Nos.4 and 5 said to have demanded and accepted Rs.50,000/- dowry and 9 tolas of gold from parents of CW-1. Further, subsequently the accused persons continuously harassed CW-1 and also insisted CW-4 to leave his wife and come back and they also said to have stated that the child born to CW-1 was not that of CW-4. Due to the harassment CW-1 and CW-4 started residing separately in a house and whenever CW-4 came to the house of the accused, they used to quarrel with him and asked him to leave his wife and they want to perform another marriage to him. Due to which, on 09.05.2023 a panchayat was called upon. CW-1 and her - 9 - NC: 2025:KHC-K:2183 CRL.P No. 201274 of 2024 parents are said to have came to the house. At that time accused No.1 called other accused persons and they came and assaulted CW-1. The injury certificate reveals that CW-1 and CW-4 sustained injuries. However, there is a specific allegation regarding harassment, demanding of dowry and receipt of dowry as against accused Nos.1, 2, 4 and 5. Accused No.3 had came only for panchayat on 09.05.2023. At the time quarrel took place between both the parties. However, accused Nos.1, 2, 4 and 5 along with the others assaulted CW-1, 4, 5 and 7. At that time accused No.10 who is said to have instigated to finish them and he will take care and get them out of jail within 24 hours. On perusal of these allegations and the statement made by the very own son of accused Nos.1 and 2 and brother of accused Nos.4 and 5 apart from CW- 1 and other two injured persons goes to show that there was a continuous harassment on the victim and demand of dowry and acceptance of dowry and on 09.05.2023 the accused persons said to have assaulted CW-1, 4, 5 and 7. However, there is no specific allegation against accused - 10 - NC: 2025:KHC-K:2183 CRL.P No. 201274 of 2024 Nos.3, 6 to 9. Accused No.10 is said to have instigated other accused to commit the offence. Therefore, there is material against accused Nos.1, 2, 4, 5 and 10. Therefore, the proceedings cannot be quashed against them. However, the proceedings against other accused persons i.e., accused Nos.3, 6 to 9 are liable to be quashed. Accordingly, I proceed to pass the following: ORDER (i) The petition is allowed in part. (ii) The petition of petitioner Nos.1, 2, 4, 5 and 10 is hereby dismissed. The petition of petitioner Nos.3, 6 to 9 is hereby allowed. (iii) The criminal proceedings against petitioner Nos.3, 6 to 9 in C.C.No.11015/2023 arising out of Crime No.93/2023 registered by the University Police Station, Kalaburagi for the offences punishable under Sections 143, 147, 148, 498(A), 504, 324, 323, 354(B), 506 read with Section 149 of IPC and Sections 3 - 11 - NC: 2025:KHC-K:2183 CRL.P No. 201274 of 2024 and 4 of the Dowry Prohibition Act are hereby quashed. Sd/- (K NATARAJAN) JUDGE SWK List No.: 1 Sl No.: 4 CT:SI